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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울행정법원 2013.12.03 2013구합19615
주민등록전입신고수리불가처분취소
Text

1. The Defendant’s disposition rejecting the moving-in report against the Plaintiff on May 7, 2013 is revoked.

2...

Reasons

1. Details of the disposition;

A. On January 23, 2013, the Plaintiff is the Seoul Gangnam-gu F Village (hereinafter “F Village”) registered as the householder by the husband C and son D with the husband C and son D on January 23, 2013.

) The instant housing was transferred to G (hereinafter “instant housing”).

B. After that, the Plaintiff entered the place of transfer to the Defendant as the G Residence (hereinafter “instant place of residence”) and filed a move-in report for resident registration.

(hereinafter “the move-in report of this case”)

On May 7, 2013, the Defendant rejected the said move-in report on the ground that the instant residence was “the number of houses not registered in the F Village Management Book”.

(See Evidence No. 1, hereinafter referred to as the "disposition of this case"). 【No dispute exists, Gap evidence Nos. 1, 2, and Eul evidence Nos. 4 and 6, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff asserted that he had resided in H from May 1993, and moved his residence to the place of residence of this case on September 5, 2008 at the wind where the above residence is removed.

After that, the Plaintiff was naturally incorporated as a person living together with his family, on the ground that the instant residence was the number of houses which were not registered in the F Village Management Book, but was not registered as an independent household with his family.

However, the instant place of residence is separate space from the instant house, and the Plaintiff and his family members live independently from E in the instant place of residence, so the Defendant is obligated to accept the instant move-in report with the Plaintiff as the householder under the Resident Registration Act.

Therefore, the instant disposition taken on a different premise is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. Even if an administrative agency’s review and refuse to accept the move-in report following the change of residence of one resident, such act constitutes infringement on the freedom of movement of residence of citizens guaranteed by the Constitution.

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